Parents, others upset by use of excess force
By Barbara O’Brien NEWS STAFF REPORTER
Updated: 08/03/08 10:15 AM
Robert Kirkham/Buffalo News
Tim Miller, in a speech to his ninth grade classmates, said: “Here we are with hope in our hearts, we have made it through the good and bad times.”
ALLEGANY — Tim Miller has a lot of “what ifs” running through his head.
What if he had never been held facedown by teachers when he was in sixth grade?
What if he had had more friends? What if he had never had autism?
As the number of autistic kids in schools grows, there are signs that teachers and administrators are having difficulty controlling them and addressing their special needs.
That can lead to conflict, and in some cases, to federal court. That’s where Carole and John Miller turned after not getting satisfaction through the state’s special education hearing process.
Their son Tim, a student at Allegany- Limestone Central High School, remembers being restrained facedown when he was 12. There is evidence he was restrained more than 10 times over a four-month period in 2005.
“I thought maybe they were taking his wrist. I didn’t like the idea, but I figured, they know better, they’re the instructors, the teachers,” Carole Miller said. “I asked him what happened when he got home from school, and he would always just say, ‘They’re trying to kill me.’ I thought he was overreacting.”
Dealing with troublesome children leaves some teachers with their own questions:
How much physical force can be used in restraining an unruly child?
How much time and attention should be given to the special-needs child without neglecting others?
Are there better ways to control a frustrated child who has special needs?
Brenda Shepard, a parent advocate who learned to navigate the system while helping her own autistic son, said if children aren’t given the services they need, they can become behavior problems.
“Ninety-nine percent of the mistakes made with my autistic son was [that] the people working with my son were so unfamiliar with the disability and they would trigger an outburst,” she said.
In Tim Miller’s case, it’s important to get a federal court ruling, his parents say, because last September a staff member threw him to the ground three times when he tried to go into the principal’s office.
Allegany-Limestone school officials would not comment for this story.
“We take the privacy of our children very seriously,” said Superintendent Diane Munro. “In the interest of a child’s privacy rights, and in line with the fact this is a matter that is in litigation, I am unable to contribute.”
Tim, 15, is one of about 40 children in Cattaraugus County classified as autistic. The number has been increasing in recent years not just in Western New York but across the country.
In Erie County, the number of children with autism jumped 63 percent between 2003 and 2006. In New York State, the number went up 46 percent over the same time.
John Miller, a podiatrist, and Carole Miller, a pharmacist with multiple sclerosis, were angry when they learned their son had been held down, sometimes with one teacher lying ov er his back while another held his legs. They were outraged when they learned that children in institutional settings around the country have died from asphyxiation after being restrained in similar ways.
“I never dreamed, never dreamed, never in my wildest dream — nightmare — could I think that they could do that to him,” said John Miller. “To this day, we do not know how many times he was restrained during that period of time.”
The teachers’ logs he obtained tell a story of a disruptive 12-year-old and adults’ efforts to control him. His parents don’t dispute that Tim sometimes can be disruptive and difficult, but they say there are techniques that will prevent meltdowns. Other actions — like touching him and holding him down — often trigger them.
The issue of restraints is a touchy one, particularly for schools that must protect the student, sometimes from himself, as well as from other children and staff members.
“When it comes to restraining, the teachers are between a rock and a hard place,” said Philip Rumore, president of the Buffalo Teachers Federation.
Buffalo teachers deal with 9,400 students with disabilities, or about 19 percent of the student population.
“We’ve always advised teachers if you don’t have to, don’t — only if its an emergency. It’s just too easy for a child to get hurt,” Rumore said.
Great strides have been made in recent years in identifying children with autism, which helps them to get treatment earlier, said Lynda Quick, assistant superintendent of Cattaraugus-Allegany BOCES.
“How to treat these children is more understood now,” she said, adding that restraints are a last resort. “But they are indeed sometimes necessary for professionals trained in how to do proper restraints.”
Margaret Jones-Carey, associate superintendent for Erie 1 BOCES, said training on how to administer restraints includes preventive measures and techniques on defusing a situation before the restraint becomes necessary to protect the student, other children, staff or property.
But there are better ways to deal with people, said Veronica Federiconi, executive director of Autistic Services.
“The use of restraints doesn’t really teach people anything, except to be afraid or to run away from people who practice it,” she said. “It doesn’t teach them the correct way of dealing with life.”
Still, restraints are allowed under New York State law.
“Restraints are an emergency practice,” said Patricia Geary, coordinator of special-education policy for the state Education Department. “They should never be a routine.”
Tim has Asperger’s syndrome, which is a form of autism. It’s marked by the same social challenges as autism — such as difficulty in reading body language — without the language or cognitive delays.
Ninth grade agreed with Tim for the most part. He was mainstreamed into regular classrooms and passed all his classes in June. He even spoke at an assembly held to motivate students to be more compassionate in dealing with others.
He apologized for getting agitated in front of his fellow students and invited them to a party at his house.
“It doesn’t matter if someone is popular or not, or being the smartest student in class, or is amazing at sports or electronics, but the only thing that does matter is to try hard and be nice,” he told his classmates.
While he hopes his arrival in heaven is many years away, he’s looking forward to it because his mother and others have told him all things are possible in heaven.
“I would definitely have a lot more friends,” Tim said. “I don’t know if it’s possible, I don’t know if it’s like this forever if you’re in heaven, but, you know what would be an amazing, incredible what if? What if I never had autism?”
bobrien@buffnews.com
Showing posts with label Prone Restraint. Show all posts
Showing posts with label Prone Restraint. Show all posts
Monday, August 4, 2008
Friday, August 1, 2008
Special Education Struggles In School
By: Alysha Palumba (WIBV)
July 30, 2008 05:08 PM EDT
Updated: July 30, 2008 06:45 PM EDT
Video On Demand
Special education struggles in school
BUFFALO, N.Y. (WIVB) - - Young people dealing with Autism or Asperger Syndrome often face an uphill battle in the classroom. One family's struggle with schooling and takes a look at how schools handle the challenge of teaching these special students.
When Tim Miller started coming home from school in sixth grade telling his parents horror stories, they didn't know what to think.
John Miller, Tim's Father, said, "Our son was coming home and telling us the school was trying to kill him - with his communication deficits at the time he didn't know how to say he was being restrained."
John Miller says his son, who has Asperger Syndrome or a higher functioning form of autism, was being put in prone restraints when he acted out in class. Although he admits Tim, then 12, had behavioral issues, he believes the school went too far.
Tim Miller, teen with Asperger Syndrome, said, "I remember they just grabbed me and put me into the room or whatever and I remember they had the mat and just threw me to the ground."
John Miller, Tim's Father, said, "Every time they restrained my son, they were stepping outside of their training."
Summit Educational Resources CEO Dr. Stephen Anderson says in general restraints are a last resort.
Dr. Stephen Anderson, Summit Educational Resources CEO, said, "Restraint is the emergency procedure, it's the back up, it's the thing you may have to do if all else fails and there's a risk to the individual or others."
But the Millers say the restraints were just part of their problem with the Allegany-Limestone Central School District.
John Miller, Tim's Father, said, "Crucial in this whole thing are the denied services. Allegany-Limestone Central Schools I believe intentionally mis-classified my son for six years."
Miller says if Tim had been classified as autistic when he was diagnosed, he would have received the social, behavioral, and educational services he needs.
But Dr. Anderson says that may not be the case in public schools.
Dr. Stephen Anderson, Summit Educational Resources CEO, said, "If a kid is achieving academically, I'm not sure what their responsibility is after that, we'd all like them to embrace and do more, but their resources are limited as well."
He says it's a difficult balance for schools to meet the needs of children with autism or Asperger Syndrome while not disrupting the education of other children.
Dr. Stephen Anderson, Summit Educational Resources CEO, said, "I don't think school districts have ever seen this with the frequency that they're starting to see it now because they're keeping kids with more challenging behaviors within the context."
Both the Allegany-Limestone Superintendent and the school's attorney would not comment because of privacy issues and because Tim Miller's case is currently in litigation.
An impartial hearing on the matter was overturned, and it is now headed to federal court.
Story by Alysha Palumbo (WIVB)
http://www.wivb.com/Global/story.asp?S=8762395
July 30, 2008 05:08 PM EDT
Updated: July 30, 2008 06:45 PM EDT
Video On Demand
Special education struggles in school
BUFFALO, N.Y. (WIVB) - - Young people dealing with Autism or Asperger Syndrome often face an uphill battle in the classroom. One family's struggle with schooling and takes a look at how schools handle the challenge of teaching these special students.
When Tim Miller started coming home from school in sixth grade telling his parents horror stories, they didn't know what to think.
John Miller, Tim's Father, said, "Our son was coming home and telling us the school was trying to kill him - with his communication deficits at the time he didn't know how to say he was being restrained."
John Miller says his son, who has Asperger Syndrome or a higher functioning form of autism, was being put in prone restraints when he acted out in class. Although he admits Tim, then 12, had behavioral issues, he believes the school went too far.
Tim Miller, teen with Asperger Syndrome, said, "I remember they just grabbed me and put me into the room or whatever and I remember they had the mat and just threw me to the ground."
John Miller, Tim's Father, said, "Every time they restrained my son, they were stepping outside of their training."
Summit Educational Resources CEO Dr. Stephen Anderson says in general restraints are a last resort.
Dr. Stephen Anderson, Summit Educational Resources CEO, said, "Restraint is the emergency procedure, it's the back up, it's the thing you may have to do if all else fails and there's a risk to the individual or others."
But the Millers say the restraints were just part of their problem with the Allegany-Limestone Central School District.
John Miller, Tim's Father, said, "Crucial in this whole thing are the denied services. Allegany-Limestone Central Schools I believe intentionally mis-classified my son for six years."
Miller says if Tim had been classified as autistic when he was diagnosed, he would have received the social, behavioral, and educational services he needs.
But Dr. Anderson says that may not be the case in public schools.
Dr. Stephen Anderson, Summit Educational Resources CEO, said, "If a kid is achieving academically, I'm not sure what their responsibility is after that, we'd all like them to embrace and do more, but their resources are limited as well."
He says it's a difficult balance for schools to meet the needs of children with autism or Asperger Syndrome while not disrupting the education of other children.
Dr. Stephen Anderson, Summit Educational Resources CEO, said, "I don't think school districts have ever seen this with the frequency that they're starting to see it now because they're keeping kids with more challenging behaviors within the context."
Both the Allegany-Limestone Superintendent and the school's attorney would not comment because of privacy issues and because Tim Miller's case is currently in litigation.
An impartial hearing on the matter was overturned, and it is now headed to federal court.
Story by Alysha Palumbo (WIVB)
http://www.wivb.com/Global/story.asp?S=8762395
Wednesday, July 16, 2008
Calm Down or Else
By BENEDICT CAREY
Published: July 15, 2008
International Herald Tribune
http://www.iht.com/articles/2008/07/15/healthscience/15restraint.php
The children return from school confused, scared and sometimes with bruises on their wrists, arms or face. Many won’t talk about what happened, or simply can’t, because they are unable to communicate easily, if at all.
“What Tim eventually said,” said John Miller, a podiatrist in Allegany, N.Y., about his son, then 12, “was that he didn’t want to go to school because he thought the school was trying to kill him.”
Dr. Miller learned that Tim, who has Asperger’s syndrome, was being unusually confrontational in class, and that more than once teachers had held him down on the floor to “calm him down,” according to logs teachers kept to track his behavior; on at least one occasion, adults held Tim prone for 20 minutes until he stopped struggling.
The Millers are suing the district, in part for costs of therapy for their son as a result of the restraints. The district did not dispute the logs but denied that teachers behaved improperly.
For more than a decade, parents of children with developmental and psychiatric problems have pushed to gain more access to mainstream schools and classrooms for their sons and daughters.
One unfortunate result, some experts say, is schools’ increasing use of precisely the sort of practices families hoped to avoid by steering clear of institutionalized settings: takedowns, isolation rooms, restraining chairs with straps, and worse.
No one keeps careful track of how often school staff members use such maneuvers. But last year the public system served 600,000 more special education students than it did a decade ago, many at least part time in regular classrooms. Many staff members are not adequately trained to handle severe behavior problems, researchers say.
In April, a 9-year-old Montreal boy with autism died of suffocation when a special education teacher wrapped him in a weighted blanket to calm him, according to the coroner’s report. Two Michigan public school students with autism have died while being held on the ground in so-called prone restraint.
Michigan, Pennsylvania and Tennessee have recently tightened regulations governing the use of restraints and seclusion in schools. California, Iowa and New York are among states considering stronger prohibitions, and reports have appeared on blogs and in newspapers across the country, from The Orange County Register to The Wall Street Journal.
“Behavior problems in school are way up, and there’s good reason to believe that the use of these procedures is up, too,” said Reece L. Peterson, a professor of special education at the University of Nebraska. “It’s an awful combination, because many parents expect restraints to be used — as long as it’s not their kid.”
Federal law leaves it to states and school districts to decide when physical restraints and seclusion are appropriate, and standards vary widely. Oversight is virtually nonexistent in most states, despite the potential for harm and scant evidence of benefit, Dr. Peterson said.
Psychiatric facilities and nursing homes are generally far more accountable to report on such incidents than schools, experts say.
In dozens of interviews, parents, special education experts and lawyers who work to protect disabled people said they now regularly heard of cases of abuse in public schools — up to one or two a week surface on some parent e-mail lists — much more often than a decade ago.
“In all the years I went to school, I never, ever saw or heard of anything like the horrific stories about restraint that we see just about every day now,” said Alison Tepper Singer, executive vice president of Autism Speaks, a charity dedicated to curing the disorder.
The issue is politically sensitive at a time when schools have done a lot to accommodate students with special needs, and some have questioned whether mainstreaming has gone too far.
“Some parent organizations, they’re so grateful to the schools that their kids have been mainstreamed that they don’t want to risk really pushing for change,” said Dee Alpert, an advocate in New York who reports on the issue in the online journal specialeducationmuckraker.com.
For teachers, who have many other responsibilities — not least, to teach — managing even one child with a disability can add a wild card to the day.
“In a class of 30 to 35 children, there’s a huge question of how much safety or teaching a teacher can provide if he or she is being called on to calm or contain a student on a regular basis,” said Patti Ralabate, a special education expert at the National Education Association.
“The teacher is responsible for the safety of all the children in the classroom.”
The line between skillful conflict resolution and abuse is slipperier than many assume. Federal law requires that schools develop a behavioral plan for every student with a disability, which may include techniques to defuse the child’s frustration: a break from the class, for instance, or time out to listen to an iPod.
But in a hectic classroom, children with diagnoses like attention deficit disorder, anxiety or autism can seemingly become defiant, edgy or aggressive on a dime — and the plan, if one exists, can go straight out the window, investigations have found. Even defying a teacher’s instructions — “noncompliance” — can invite a takedown or time alone in a locked room, they found.
In an extensive report published last year, investigators in California documented cases of abuse from districts in the San Francisco Bay Area, the suburbs of Los Angeles and in the rural northeastern part of the state.
During the 2005-6 school year, an 8-year-old with a diagnosis of attention deficit disorder and mild mental retardation was repeatedly locked in a “seclusion room” alone, adjacent to the classroom — at least 31 times in a single year. His parents heard about it from another parent, who saw the boy trying in vain to escape.
In another school, a teacher held a 12-year-old with a diagnosis of attention deficit disorder “face down on the floor, straddling him at his hips, and holding his hands behind his back,” according to the investigation, which was done by California’s office of protection and advocacy. Congress established such offices in each state in the 1970s to protect the rights of the disabled.
Leslie Morrison, director of investigations at the California office, said parents often complained about such episodes but were usually reluctant to cooperate with an investigation. “They’re afraid the school will retaliate,” she said.
And the children, who have an array of psychiatric diagnoses, from attention deficit to autism, often do not understand what is happening or why. “They just think they did something wrong and are being punished,” Ms. Morrison said. “Many of them are not verbal at all and can’t even tell their parents.”
In Tim Miller’s case, school logs obtained by his father illustrate how quickly a situation can escalate, regardless of behavior plans. In one entry, dated March 18, 2005, a teacher wrote:
“Tim was screaming down the hall. He ran past me and began to double his fist to punch the locker. At this point I scooped my arm underneath his and directed him into my room.”
After the boy continued to struggle, this teacher and another “laid him onto the mat, where he was held approximately 20 minutes,” the log said.
Tim, now 15, graduated from the school last year and in June completed his first year of high school, excelling in a variety of mainstream classes without incident. In a telephone interview, he said he no longer thought much about the takedowns.
“I just think now that they were idiots to do that,” he said. “I remember telling my mom to pray to God that they wouldn’t keep doing it, and wishing the other kids would see what was happening.”
When a school has a so-called zero tolerance approach to bad behavior, it often does makes a public spectacle of controlling a child’s behavior, said several parents interviewed for this article.
Kathy Sexton, who lives near Dallas, had to pick up her 11-year-old son, Anthony, who has a diagnosis of attention deficit disorder, at the police station, after school staff members had the boy hauled away in handcuffs for cursing at a teacher.
“I didn’t hear about it for hours and had to go get him at jail,” Ms. Sexton said in a phone interview. “He was hysterical, obviously, and he’s had his ups and downs since then. It’s hard to know what a thing like that does to a child that age.”
Several companies offer programs to teach so-called de-escalation techniques to school staff, and a scattering of schools have developed model programs to pre-empt confrontations, and defuse them when they happen.
But experts say that until policymakers and schools adopt standards, on exactly which techniques are allowed and when, children with behavior problems will in many districts run the risk of being forcibly brought into line.
Dr. Peterson, the Nebraska professor, illustrates the challenges by citing two recent cases in Iowa. In one, the parents of an 11-year-old who died while being held down called for a ban on restraints; in the other, parents charged that a school failed their son by not restraining him. The boy ran away and drowned.
“It’s damned if you do, damned if you don’t,” Dr. Peterson said, “and it reflects the level of confusion there is about this whole issue.”
Published: July 15, 2008
International Herald Tribune
http://www.iht.com/articles/2008/07/15/healthscience/15restraint.php
The children return from school confused, scared and sometimes with bruises on their wrists, arms or face. Many won’t talk about what happened, or simply can’t, because they are unable to communicate easily, if at all.
“What Tim eventually said,” said John Miller, a podiatrist in Allegany, N.Y., about his son, then 12, “was that he didn’t want to go to school because he thought the school was trying to kill him.”
Dr. Miller learned that Tim, who has Asperger’s syndrome, was being unusually confrontational in class, and that more than once teachers had held him down on the floor to “calm him down,” according to logs teachers kept to track his behavior; on at least one occasion, adults held Tim prone for 20 minutes until he stopped struggling.
The Millers are suing the district, in part for costs of therapy for their son as a result of the restraints. The district did not dispute the logs but denied that teachers behaved improperly.
For more than a decade, parents of children with developmental and psychiatric problems have pushed to gain more access to mainstream schools and classrooms for their sons and daughters.
One unfortunate result, some experts say, is schools’ increasing use of precisely the sort of practices families hoped to avoid by steering clear of institutionalized settings: takedowns, isolation rooms, restraining chairs with straps, and worse.
No one keeps careful track of how often school staff members use such maneuvers. But last year the public system served 600,000 more special education students than it did a decade ago, many at least part time in regular classrooms. Many staff members are not adequately trained to handle severe behavior problems, researchers say.
In April, a 9-year-old Montreal boy with autism died of suffocation when a special education teacher wrapped him in a weighted blanket to calm him, according to the coroner’s report. Two Michigan public school students with autism have died while being held on the ground in so-called prone restraint.
Michigan, Pennsylvania and Tennessee have recently tightened regulations governing the use of restraints and seclusion in schools. California, Iowa and New York are among states considering stronger prohibitions, and reports have appeared on blogs and in newspapers across the country, from The Orange County Register to The Wall Street Journal.
“Behavior problems in school are way up, and there’s good reason to believe that the use of these procedures is up, too,” said Reece L. Peterson, a professor of special education at the University of Nebraska. “It’s an awful combination, because many parents expect restraints to be used — as long as it’s not their kid.”
Federal law leaves it to states and school districts to decide when physical restraints and seclusion are appropriate, and standards vary widely. Oversight is virtually nonexistent in most states, despite the potential for harm and scant evidence of benefit, Dr. Peterson said.
Psychiatric facilities and nursing homes are generally far more accountable to report on such incidents than schools, experts say.
In dozens of interviews, parents, special education experts and lawyers who work to protect disabled people said they now regularly heard of cases of abuse in public schools — up to one or two a week surface on some parent e-mail lists — much more often than a decade ago.
“In all the years I went to school, I never, ever saw or heard of anything like the horrific stories about restraint that we see just about every day now,” said Alison Tepper Singer, executive vice president of Autism Speaks, a charity dedicated to curing the disorder.
The issue is politically sensitive at a time when schools have done a lot to accommodate students with special needs, and some have questioned whether mainstreaming has gone too far.
“Some parent organizations, they’re so grateful to the schools that their kids have been mainstreamed that they don’t want to risk really pushing for change,” said Dee Alpert, an advocate in New York who reports on the issue in the online journal specialeducationmuckraker.com.
For teachers, who have many other responsibilities — not least, to teach — managing even one child with a disability can add a wild card to the day.
“In a class of 30 to 35 children, there’s a huge question of how much safety or teaching a teacher can provide if he or she is being called on to calm or contain a student on a regular basis,” said Patti Ralabate, a special education expert at the National Education Association.
“The teacher is responsible for the safety of all the children in the classroom.”
The line between skillful conflict resolution and abuse is slipperier than many assume. Federal law requires that schools develop a behavioral plan for every student with a disability, which may include techniques to defuse the child’s frustration: a break from the class, for instance, or time out to listen to an iPod.
But in a hectic classroom, children with diagnoses like attention deficit disorder, anxiety or autism can seemingly become defiant, edgy or aggressive on a dime — and the plan, if one exists, can go straight out the window, investigations have found. Even defying a teacher’s instructions — “noncompliance” — can invite a takedown or time alone in a locked room, they found.
In an extensive report published last year, investigators in California documented cases of abuse from districts in the San Francisco Bay Area, the suburbs of Los Angeles and in the rural northeastern part of the state.
During the 2005-6 school year, an 8-year-old with a diagnosis of attention deficit disorder and mild mental retardation was repeatedly locked in a “seclusion room” alone, adjacent to the classroom — at least 31 times in a single year. His parents heard about it from another parent, who saw the boy trying in vain to escape.
In another school, a teacher held a 12-year-old with a diagnosis of attention deficit disorder “face down on the floor, straddling him at his hips, and holding his hands behind his back,” according to the investigation, which was done by California’s office of protection and advocacy. Congress established such offices in each state in the 1970s to protect the rights of the disabled.
Leslie Morrison, director of investigations at the California office, said parents often complained about such episodes but were usually reluctant to cooperate with an investigation. “They’re afraid the school will retaliate,” she said.
And the children, who have an array of psychiatric diagnoses, from attention deficit to autism, often do not understand what is happening or why. “They just think they did something wrong and are being punished,” Ms. Morrison said. “Many of them are not verbal at all and can’t even tell their parents.”
In Tim Miller’s case, school logs obtained by his father illustrate how quickly a situation can escalate, regardless of behavior plans. In one entry, dated March 18, 2005, a teacher wrote:
“Tim was screaming down the hall. He ran past me and began to double his fist to punch the locker. At this point I scooped my arm underneath his and directed him into my room.”
After the boy continued to struggle, this teacher and another “laid him onto the mat, where he was held approximately 20 minutes,” the log said.
Tim, now 15, graduated from the school last year and in June completed his first year of high school, excelling in a variety of mainstream classes without incident. In a telephone interview, he said he no longer thought much about the takedowns.
“I just think now that they were idiots to do that,” he said. “I remember telling my mom to pray to God that they wouldn’t keep doing it, and wishing the other kids would see what was happening.”
When a school has a so-called zero tolerance approach to bad behavior, it often does makes a public spectacle of controlling a child’s behavior, said several parents interviewed for this article.
Kathy Sexton, who lives near Dallas, had to pick up her 11-year-old son, Anthony, who has a diagnosis of attention deficit disorder, at the police station, after school staff members had the boy hauled away in handcuffs for cursing at a teacher.
“I didn’t hear about it for hours and had to go get him at jail,” Ms. Sexton said in a phone interview. “He was hysterical, obviously, and he’s had his ups and downs since then. It’s hard to know what a thing like that does to a child that age.”
Several companies offer programs to teach so-called de-escalation techniques to school staff, and a scattering of schools have developed model programs to pre-empt confrontations, and defuse them when they happen.
But experts say that until policymakers and schools adopt standards, on exactly which techniques are allowed and when, children with behavior problems will in many districts run the risk of being forcibly brought into line.
Dr. Peterson, the Nebraska professor, illustrates the challenges by citing two recent cases in Iowa. In one, the parents of an 11-year-old who died while being held down called for a ban on restraints; in the other, parents charged that a school failed their son by not restraining him. The boy ran away and drowned.
“It’s damned if you do, damned if you don’t,” Dr. Peterson said, “and it reflects the level of confusion there is about this whole issue.”
Thursday, June 19, 2008
Father sues over face-down restraint of autistic boy
Wednesday, June 18, 2008
Ocean View School District, teachers named in suit claiming boy's broken nose, emotional wounds.
By ANNIE BURRIS
The Orange County Register
HUNTINGTON BEACH The father of an 8-year-old autistic child has filed suit against the Ocean View School District, two teachers and the city, claiming that a restraint technique used on the boy resulted in emotional and physical damage.
Robert Velasquez alleges negligence, civil rights violations and false imprisonment in the suit, filed in Orange County Superior Court. He also claims the teachers did not have the proper training to use the "prone restraint'' on his son in the Sept. 6 incident.
Former Lake View Elementary School teacher Gina Messig and assistant teacher Mai Vo used a prone restraint to control the boy, a special education student, when he started throwing objects in the classroom and hitting teachers, a school report said.
Velasquez said his child had scratches, bruises and a broken nose after the incident.
District officials said all of the special education teachers are trained adequately for their jobs. They declined to comment on the lawsuit. Messig and Vo could not be reached for comment. City officials said they anticipate being dismissed from the case.
Velasquez said his son has been agitated and had trouble sleeping because of nightmares since the incident.
"He is never going to be my baby like he was," he said. "No child deserves prone restraint."
Prone restraint – which means the person is held face down – is rarely used and is usually the last resort to control a child, experts say.
According to a report by Messig, the boy, then 7, was running in his classroom, trying to escape out the door and attempting to knock over a wheelchair. The boy then grabbed a girl by the hair and pulled her to the ground, Messig wrote.
The teachers tried to calm the boy and eventually dismissed the rest of the children from the classroom to play outside, the report said.
Velasquez said his son continues to go to Lake View but works with a new teacher. He said he has been trying to get his son transferred to the Speech and Language Development Center in Buena Park and is waiting to hear back from the school on whether the switch is approved.
He is asking for least $25,000, according to the suit filed last month. Velasquez also told The Register he would like to see cameras put in special education classes to prevent similar situations.
A bill proposed by state Senator Sheila Kuehl from Los Angeles and Ventura counties that limits physical restraint techniques is set to go before a committee on Wednesday. The bill would require teachers to "avoid the deliberate use of prone restraint techniques whenever possible.''
Contact the writer: aburris@ocregister.com or 714-445-6696
Ocean View School District, teachers named in suit claiming boy's broken nose, emotional wounds.
By ANNIE BURRIS
The Orange County Register
HUNTINGTON BEACH The father of an 8-year-old autistic child has filed suit against the Ocean View School District, two teachers and the city, claiming that a restraint technique used on the boy resulted in emotional and physical damage.
Robert Velasquez alleges negligence, civil rights violations and false imprisonment in the suit, filed in Orange County Superior Court. He also claims the teachers did not have the proper training to use the "prone restraint'' on his son in the Sept. 6 incident.
Former Lake View Elementary School teacher Gina Messig and assistant teacher Mai Vo used a prone restraint to control the boy, a special education student, when he started throwing objects in the classroom and hitting teachers, a school report said.
Velasquez said his child had scratches, bruises and a broken nose after the incident.
District officials said all of the special education teachers are trained adequately for their jobs. They declined to comment on the lawsuit. Messig and Vo could not be reached for comment. City officials said they anticipate being dismissed from the case.
Velasquez said his son has been agitated and had trouble sleeping because of nightmares since the incident.
"He is never going to be my baby like he was," he said. "No child deserves prone restraint."
Prone restraint – which means the person is held face down – is rarely used and is usually the last resort to control a child, experts say.
According to a report by Messig, the boy, then 7, was running in his classroom, trying to escape out the door and attempting to knock over a wheelchair. The boy then grabbed a girl by the hair and pulled her to the ground, Messig wrote.
The teachers tried to calm the boy and eventually dismissed the rest of the children from the classroom to play outside, the report said.
Velasquez said his son continues to go to Lake View but works with a new teacher. He said he has been trying to get his son transferred to the Speech and Language Development Center in Buena Park and is waiting to hear back from the school on whether the switch is approved.
He is asking for least $25,000, according to the suit filed last month. Velasquez also told The Register he would like to see cameras put in special education classes to prevent similar situations.
A bill proposed by state Senator Sheila Kuehl from Los Angeles and Ventura counties that limits physical restraint techniques is set to go before a committee on Wednesday. The bill would require teachers to "avoid the deliberate use of prone restraint techniques whenever possible.''
Contact the writer: aburris@ocregister.com or 714-445-6696
Thursday, January 24, 2008
Physical Education
When special-ed teachers seclude and restrain students, the state says no one needs to know
by Elizabeth Ulrich
Nashville Scene.com
January 24, 2008
Rob Zimmerman’s son Jack is the kind of smart, happy child who loved school. But two years ago, Jack’s dad says, that suddenly changed. When the now 11-year-old moved to another special-ed classroom at his Williamson County school, Zimmerman says Jack’s new teacher did not believe he was “as much autistic as he was ornery.”
The teacher told the family that Jack was “trying to trick her.” Jack’s behavior changed, as he began to dread school and act out—screaming and spiraling out of control.
Zimmerman and his wife were shocked to learn why: Jack’s teachers had taken him down the hall to a janitor’s closet, placed him inside and shut the door, leaving the boy to sit alone in the dark for up to three hours at a time on more than one occasion. “They said he liked it better when it was dark,” an animated Zimmerman told a group of state lawmakers Tuesday. “We’re talking about human life—my son’s life,” Zimmerman said.
And it wasn’t long before Jack told his parents that his teachers were also “umphing him,” describing the groaning sound his teachers made as they held him down for “ornery” behavior. In his own way, Jack alerted his parents to a growing problem in special-ed classrooms all over the state: the unreported, undocumented use of seclusion and restraint.
Jack’s case is rare in the sense that he was able to tell his parents he had been restrained and stuffed into a closet that his father says school employees called a “calming room.” Many autistic children are not as verbally developed as Jack and are therefore incapable of reporting abuse.
Often, these are children who, as Zimmerman puts it, are “set up for abuse.”
After reports like Zimmerman’s began to trickle in, the Disability Coalition on Education (DCE), a statewide organization of educators, advocacy groups and families, reviewed state law and found that there are no guidelines to regulate how—or if—schools should report such incidents or document how often they occur.
To push state lawmakers to draft legislation to require such oversight, representatives from several advocacy organizations for the disabled and mentally ill met Tuesday with a House-Senate study committee. They discussed the methods of restraint and seclusion now used with Tennessee special-ed students.
The committee also heard a tearful Gary Hassell talk about his son, a special-education student with autism at Oakmont Elementary in Dickson County, who had been physically restrained, face-down, on the classroom floor. School employees held his son down for an hour in what is called the “prone” position, a controversial hold that some experts say can result in asphyxia in as few as six minutes.
Similar methods of seclusion and restraint have led to the deaths of two teens at Chad Youth Enhancement Center, a residential treatment facility for troubled youth just outside of Clarksville (“Handle With Care,” Nov. 8) and have been key components in claims of abuse and neglect at Hermitage Hall, a Nashville private residential facility that treats male sex offenders (“Bad Medicine,” Dec. 13).
State records for Chad and Hermitage Hall, both of which are licensed by the state’s Department of Mental Health and Developmental Disabilities (DMHDD), describe hundreds of cases where young residents are physically restrained, often violently, by facility staff. Neither DMHDD nor the Department of Children’s Services finds anything out of the ordinary or troubling about these incidences, according to interviews with officials there, and Gov. Phil Bredesen’s office also has been unswayed by reports of abuses at these juvenile facilities, directing questions back to the departments.
But Tennessee public schools are not required to report incidents of seclusion and restraint to the state—or even to parents such as Zimmerman. Carol Westlake, the executive director of the Tennessee Disability Coalition, told the study committee that, while state law requires in-patient facilities and residential juvenile programs to report how often such incidents occur, public schools remain one of the only places in the state without that mandate.
And, while facilities such as Chad and Hermitage Hall purport to have stringent requirements for teaching workers how to properly administer restraint holds, schools are not legally required to train employees.
DCE Chair Holly Lu Conant Rees says her organization has repeatedly requested a copy of the Metro schools’ policy on seclusion and restraint but has received nothing.
Conant Rees tells the Scene that her organization has started to collect data from parents across the state to push state lawmakers to draft legislation.
Thirty families, several of whom have students in Metro public schools, completed a DCE survey saying that their children have experienced multiple incidents of restraint and seclusion in the classroom. DCE describes the findings as “uniformly disturbing.”
Of those families reporting incidents to DCE, 40 percent said school staffers injured their children, who showed signs of bruising, contusions, abrasions and nail and grip marks. And 60 percent of families reported that their children experienced significant psychological and behavioral setbacks after being restrained or secluded. The children had acted out with violent tantrums and experienced anxiety, night terrors and psychosis.
It’s a familiar story to parents like Zimmerman, who says it only takes one encounter with a “bad apple” in the special-education classroom to change a child’s life forever. “If you don’t have documentation, you don’t have accountability.”
by Elizabeth Ulrich
Nashville Scene.com
January 24, 2008
Rob Zimmerman’s son Jack is the kind of smart, happy child who loved school. But two years ago, Jack’s dad says, that suddenly changed. When the now 11-year-old moved to another special-ed classroom at his Williamson County school, Zimmerman says Jack’s new teacher did not believe he was “as much autistic as he was ornery.”
The teacher told the family that Jack was “trying to trick her.” Jack’s behavior changed, as he began to dread school and act out—screaming and spiraling out of control.
Zimmerman and his wife were shocked to learn why: Jack’s teachers had taken him down the hall to a janitor’s closet, placed him inside and shut the door, leaving the boy to sit alone in the dark for up to three hours at a time on more than one occasion. “They said he liked it better when it was dark,” an animated Zimmerman told a group of state lawmakers Tuesday. “We’re talking about human life—my son’s life,” Zimmerman said.
And it wasn’t long before Jack told his parents that his teachers were also “umphing him,” describing the groaning sound his teachers made as they held him down for “ornery” behavior. In his own way, Jack alerted his parents to a growing problem in special-ed classrooms all over the state: the unreported, undocumented use of seclusion and restraint.
Jack’s case is rare in the sense that he was able to tell his parents he had been restrained and stuffed into a closet that his father says school employees called a “calming room.” Many autistic children are not as verbally developed as Jack and are therefore incapable of reporting abuse.
Often, these are children who, as Zimmerman puts it, are “set up for abuse.”
After reports like Zimmerman’s began to trickle in, the Disability Coalition on Education (DCE), a statewide organization of educators, advocacy groups and families, reviewed state law and found that there are no guidelines to regulate how—or if—schools should report such incidents or document how often they occur.
To push state lawmakers to draft legislation to require such oversight, representatives from several advocacy organizations for the disabled and mentally ill met Tuesday with a House-Senate study committee. They discussed the methods of restraint and seclusion now used with Tennessee special-ed students.
The committee also heard a tearful Gary Hassell talk about his son, a special-education student with autism at Oakmont Elementary in Dickson County, who had been physically restrained, face-down, on the classroom floor. School employees held his son down for an hour in what is called the “prone” position, a controversial hold that some experts say can result in asphyxia in as few as six minutes.
Similar methods of seclusion and restraint have led to the deaths of two teens at Chad Youth Enhancement Center, a residential treatment facility for troubled youth just outside of Clarksville (“Handle With Care,” Nov. 8) and have been key components in claims of abuse and neglect at Hermitage Hall, a Nashville private residential facility that treats male sex offenders (“Bad Medicine,” Dec. 13).
State records for Chad and Hermitage Hall, both of which are licensed by the state’s Department of Mental Health and Developmental Disabilities (DMHDD), describe hundreds of cases where young residents are physically restrained, often violently, by facility staff. Neither DMHDD nor the Department of Children’s Services finds anything out of the ordinary or troubling about these incidences, according to interviews with officials there, and Gov. Phil Bredesen’s office also has been unswayed by reports of abuses at these juvenile facilities, directing questions back to the departments.
But Tennessee public schools are not required to report incidents of seclusion and restraint to the state—or even to parents such as Zimmerman. Carol Westlake, the executive director of the Tennessee Disability Coalition, told the study committee that, while state law requires in-patient facilities and residential juvenile programs to report how often such incidents occur, public schools remain one of the only places in the state without that mandate.
And, while facilities such as Chad and Hermitage Hall purport to have stringent requirements for teaching workers how to properly administer restraint holds, schools are not legally required to train employees.
DCE Chair Holly Lu Conant Rees says her organization has repeatedly requested a copy of the Metro schools’ policy on seclusion and restraint but has received nothing.
Conant Rees tells the Scene that her organization has started to collect data from parents across the state to push state lawmakers to draft legislation.
Thirty families, several of whom have students in Metro public schools, completed a DCE survey saying that their children have experienced multiple incidents of restraint and seclusion in the classroom. DCE describes the findings as “uniformly disturbing.”
Of those families reporting incidents to DCE, 40 percent said school staffers injured their children, who showed signs of bruising, contusions, abrasions and nail and grip marks. And 60 percent of families reported that their children experienced significant psychological and behavioral setbacks after being restrained or secluded. The children had acted out with violent tantrums and experienced anxiety, night terrors and psychosis.
It’s a familiar story to parents like Zimmerman, who says it only takes one encounter with a “bad apple” in the special-education classroom to change a child’s life forever. “If you don’t have documentation, you don’t have accountability.”
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